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A defence used in defamation claims that a defamatory statement is 'substantially' true 鈥 the 'sting' of the allegation must be proven, and minor factual errors will not necessarily deprive the defendant of the defence but to be successful, the statement鈥檚 factual content must be proven true as well as the interpretation which may be understood of it, and any supporting innuendo.
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Instructing third parties鈥攃hecklist鈥攍aw firms This Checklist is designed to help you determine whether you have the systems in place to comply with regulatory requirements that apply to law firms in relation to instructing third parties. It should be read in conjunction with subtopic:聽Instructing third parties. Selecting and evaluating third parties Requirement Compulsory or recommended Comments (if any) 鈽惵 Implement systems and procedures to select and evaluate third parties you instruct on clients鈥 behalf See Precedents: Instructing third parties policy , Third parties register and Third party evaluation form Compulsory for Lexcel accredited firms, otherwise recommended Lexcel England and Wales v6.1: Standard for legal practices, para 7.5 (Insert any comments you may wish to make regarding your firm鈥檚 arrangements) 鈽惵 Implement systems and procedures to: 鈥攃onsult with your client in relation to the selection of the expert or barrister, where appropriate鈥攁dvise your client of:鈥 the name and status of the person being instructed 鈥 if the client will have to fund the disbursement,...
Project management: key documents鈥攃hecklist This Checklist considers the key documents which will be necessary at the main action stages of the project lifecycle: 鈥 Project set up 鈥 Project planning 鈥 Project delivery 鈥 Project closure This Checklist can be read in conjunction with Checklist: Project management: key roles and governance鈥攃hecklist. Project set up A project is 'set up' when a requirement or need for change has been identified. Approval to establish a project takes the form of a mandate from an appropriate senior member of the organisation, usually the budget-holder who will fund the project. Document(s) Detail Project mandate Setting out:鈥 the initial business case/justification for the project鈥 the purpose of the project鈥 how the outputs will be used鈥 the budget鈥 timescales for the work A management team for the project is appointed at this stage and often takes the form of the project board or steering group, with a lead executive or sponsor appointed. A project manager and/or project support person may be appointed to assist with...
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EU AIFMD鈥攔emuneration requirements This Practice Note explores the remuneration policies and practices introduced by Article 13 and Annex II of the Alternative Investment Fund Managers Directive (Directive 2011/61/EU) (AIFMD) and further detailed in the European Securities and Markets Authority (ESMA)鈥檚 Guidelines on sound remuneration policies under the AIFMD (ESMA Guidelines). Alternative Investment Fund Managers (AIFMs) of alternative investments funds (AIFs) including hedge funds, private equity funds and other AIFs (such as commodity funds venture capital funds, real estate funds and investment funds) are all potentially within scope of the AIFMD remuneration requirements. What is the AIFMD? The AIFMD (Directive 2011/61/EU) came into effect in EU Member States on 22 July 2013 and covers the management, administration and marketing of AIFs across the EU. AIFMD, as implemented, applies to all EU AIFMs that manage one or more AIFs, irrespective of whether those AIFs are EU AIFs or non-EU AIFs. The AIFMD, as implemented in EU Member States, also applies to: 鈥 non-EU AIFMs who manage EU AIFs, and 鈥...
The EU Taxonomy Regulation鈥攅ssentials This Practice Note analyses the scope and impact of the EU Taxonomy Regulation (Regulation (EU) 2020/852), and related delegated acts, and considerations for asset managers. What is the law/regulation? In December 2019, the Council of the EU and the European Parliament reached political agreement on the text of a proposed Regulation on the Establishment of a Framework to Facilitate Sustainable Investment鈥攖he so-called 鈥楨U Taxonomy Regulation鈥. The EU Taxonomy Regulation (Regulation (EU) 2020/852) was published in the Official Journal of the EU (OJ) on 22 June 2020, entered into force on 12 July 2020 and applies from the dates detailed in What is the timeline? below. The EU Taxonomy Regulation amends, and uses definitions from, the EU regulation on sustainability鈥恟elated disclosures in the financial services sector (Regulation (EU) 2019/2088) (the EU SFDR) and it is supplemented by Commission delegated regulations which are summarised in Recent developments and delegated regulations below. For more information, see the Commission鈥檚 webpages on Sustainable finance and the EU taxonomy for sustainable activities....
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ET3 grounds for resisting claim鈥攔eligion or belief: direct or indirect discrimination, harassment [Insert in para 6.1 of response form ET3:] 1 Paragraph 1 of the Grounds of Claim is admitted. 2 It is admitted that on or about [insert date], the Respondent announced the introduction of a new rolling shift system which would require all poultry processors to work on Sunday one week in every four and that the Claimant objected to the new system on the basis that she attends religious services every Sunday. It is admitted that the Respondent has implemented the new shift system. 3 The new shift system was a proportionate means of achieving a legitimate aim. The Respondent had to introduce Sunday working in order to ensure that its poultry business remained profitable and to avoid closing down that part of its operations. A questionnaire circulated amongst employees on or about [insert date] revealed that very few wanted to volunteer for Sunday shifts for a variety of reasons including family and other...
ET3 grounds for resisting claim 鈥 indirect age discrimination [Insert in para 6.1 of response form ET3:] 1 It is admitted that the Respondent operates a criterion or practice whereby it expects applicants for jobs in the [specify department] to demonstrate at interview a reasonable proficiency in computing skills. 2 It is accepted that this requirement puts persons in the Claimant鈥檚 age group [over 60] at a particular disadvantage compared with those under the age of [40]. It is further accepted that it disadvantaged the Claimant who, at interview for the [specify position], showed that he had no computing skills at all, and
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Where the parties have failed to agree a two-week extension of time for the exchange of witness statements (requested by the other party three hours before the deadline and by a party that has repeatedly failed to comply with deadlines), what considerations will the court likely to take into account when deciding whether to grant an application for an extension of time for the service of a witness statement? The other party has not made an application for relief from sanctions. In answering this Q&A, we have limited our research to cover a situation where the other party has failed to comply with time limits set by a rule or practice direction under the CPR, or court order. Witness evidence and extensions of time As you will be aware, if a party wishes to rely on witness evidence, it must be set out in a witness statement, which must be served within the time specified by the court. CPR 32.10 provides: 鈥業f a witness statement or a...
Can a landlord claim adverse possession of a plot of land in relation to their property if it has been tenanted for the duration of their ownership? Section 15 of the Limitation Act 1980 (LA 1980) imposes a limitation period of 12 years on the legal owner of land from seeking to recover it from a person who is in adverse possession of it. If that period passes without the land owner seeking to recover the land by action, the legal owner鈥檚 title will be extinguished. LA 1980, s 15 still applies in relation to unregistered land but not in relation to registered land. The register is the basis of title to registered land and so there is far less justification for the limitation period set out. The Land Registration Act 2002 (LRA 2002) changed the law in respect of adverse possession of registered land. Ignoring for the current purposes the transitional provisions, an adverse possessor of registered land can, after ten years adverse possession, apply...
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Employment analysis: On 3 April 2025, the Court of Appeal gave judgment in the case of Sullivan v Isle of Wight Council. Annie Davis, pupil at Old Square Chambers, analyses the decision.
The Pensions Regulator (TPR) has published a blog post by its director of trusteeship, administration, and DB supervision, David Walmsley, offering insights on TPR鈥檚 experience of the first three transfers of DB pension schemes to the Clara superfund, namely the Sears Retail Benefit Scheme, the Debenhams scheme, and the Wates scheme. TPR has found that the persistent theme arising from the first three transactions is uncertainty from, 聽or misconceptions by, trustees and employers about what TPR requires from them despite the existing guidance available to them. In the blog, 聽TPR provides its insight on the essential requirements and considerations involved in the buy-out cost estimation, due diligence, rationale for transferring, the evaluation of full benefits post-transfer, and the structuring of bulk transfer terms.
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